(a) A person charged with a violation of the Middletown Codified Ordinances and served with a notice of civil offense and civil fine specified as subject to reduction for correction of the violation in § 214.01(b) may offer proof of the correction to the hearing examiner. The offer of proof of correction may be submitted in person or, to avoid the necessity of personal appearance, may be submitted as affidavits and other document evidence, by mail. The hearing examiner who receives an answer with an offer of proof of correction shall verify whether the violation has been corrected by inquiry to the city department which issued the notice. If sufficient proof of correction is provided, the hearing examiner is not required to hold a hearing and can proceed with imposing the civil fine.
(b) For those offenses that provide for a reduction in civil fine on proof of correction, on being satisfied that the offense has been corrected, the hearing examiner shall reduce the otherwise applicable civil fine by 50%. If the civil fine is reduced and the person previously paid the civil fine, the amount paid in excess of the revised civil fine shall be refunded to the person. If the civil fine is reduced and the person has not previously paid the civil fine, the person must pay only the amount of the civil fine as reduced. An unpaid civil fine is due and must be paid within 10 calendar days after the determination of the hearing examiner.
(c) This section is not applicable to second offenders, as described in § 214.02.
(Ord. O2019-35, passed 6-4-2019)